1. Introduction

1.1 Contract

When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information.
You agree that by clicking “Sign in”, “Log in”, “Sign Up” or similar, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with DG Card (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Log in” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to dgcard.com, DG Card-branded apps and other DG Card-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members”. This Contract applies to all Members. DG Card
You are entering into this Contract with DG Card (also referred to as “we” and “us”).
As a Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

1.2 Members
When you register and join the DG Card Service or become a registered user, you become a Member.

1.3 Change
We may make changes to the Contract.
We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

Here are some promises that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) your DG Card account must be in your real name; and (3) you are not already restricted by DG Card from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for DG Card to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential and (3) follow the law and our list of Dos and Don’ts and Professional Community Policies. You are responsible for anything that happens through your account unless you close it or report misuse.
However, if the Services were purchased by another party for you to use (e.g. Corporate Service bought by your employer), the party paying for such Service has the right to control, access to and get reports on your use of such paid Service and they have rights to your account.

2.3 Payment

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you buy any of our paid Services (“Premium, Retail or Corporate Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
All of your purchases of Services are subject to DG Card’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Messages

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
2.5 Sharing

When you share information on our Services, others can see, copy and use that information.
Our Services allow sharing of information in many ways, such as your profile, links to news social networks, messaging systems, email, addresses, telephone numbers and mobile. Information and content that you share will be seen by the persons with whom you have shared your DG Card. Where we have made settings available, we will honor the choices you make about who can see your mobile or who can forward your DG Card.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to DG Card

You own all of the personal information you provide to us, but you also grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content.
As between you and DG Card, you own the content and information that you submit to the Services, and you are only granting DG Card and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content).
3. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
You and DG Card agree that if content includes personal data, it is subject to our Privacy Policy.
You and DG Card agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to DG Card, you agree that DG Card can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your DG Card will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your DG Card information will be truthful. DG Card may be required by law to remove certain information or content in certain countries.
3.2 Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We may change or discontinue any of our Services.
DG Card is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. DG Card generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.
You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your DG Card account, that app or site can access information on DG Card related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, DG Card is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.
3.4 Limits

We have the right to limit how you connect and interact on our Services.
DG Card reserves the right to limit your use of the Services, including the number of your connections. DG Card reserves the right to restrict, suspend, or terminate your account if DG Card believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).
3.5 Intellectual Property Rights

We’re providing you notice about our intellectual property rights.
DG Card reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, DG CARD AND ITS AFFILIATES (AND THOSE THAT DG CARD WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DG CARD HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), DG CARD AND ITS AFFILIATES (AND THOSE THAT DG CARD WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF DG CARD AND ITS AFFILIATES (AND THOSE THAT DG CARD WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) 1000 €.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DG CARD AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF DG CARD OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Contract anytime we want.

Both you and DG Card may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6, 7, and 8.2 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Settings to close your account.

6. Governing Law and Dispute Resolution

In the unlikely event we end up in a legal dispute, DG Card and you agree to resolve it in Dublin, Ireland courts using Irish law.
You and DG Card agree that the laws of Ireland, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and DG Card agree that claims and disputes can be litigated only in Dublin, Ireland, and we each agree to personal jurisdiction of the courts located in Dublin, Ireland.

7. General Terms

Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that DG Card has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that DG Card may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. DG Card “Dos and Don’ts”

8.1. Dos

This list of “Dos and Don’ts” limit what you can and cannot do on our Services.
You agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and keep it updated;
c. Use your real name on your DG Card; and
d. Use the Services in a professional manner.
8.2. Don’ts

You agree that you will not:
a. Create a false identity on DG Card, misrepresent your identity, create a Member DG Card for anyone other than yourself (a real person), or use or attempt to use another’s account;
b. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy DG Cards and other data from the Services;
c. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or DG Card views);
d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of DG Card;
e. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
g. Violate the intellectual property or other rights of DG Card, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the words “DG Card” or our logos in any business name, email or URL;
h. Link anything that contains software viruses, worms, or any other harmful code;
i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
j. Imply or state that you are affiliated with or endorsed by DG Card without our express consent (e.g., representing yourself as an accredited DG Card trainer);
k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without DG Card’s consent;
l. Deep-link to our Services for any purpose other than to promote your DG Card on our Services, without DG Card’s consent;
m. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
n. Monitor the Services’ availability, performance or functionality for any competitive purpose;
o. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
p. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services);
q. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
r. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content

Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information communicated by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
10. How To Contact Us

If you want to send us notices or service of process, please contact us through our Help Centers.